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All Forum Posts by: Account Closed

Account Closed has started 1 posts and replied 21 times.

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Michael Plante:

I have to ask


what kind of Atty are you?

I do tax law. 

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Cody L.:
Originally posted by @Account Closed:
Originally posted by @Account Closed:

Do not hesitate to evict these jerks! Just be aware that they will try to ruin the place on their way out.  I had tenants like that once who left the water running and flooded the entire downstairs of the house.  Angry tenants are no fun! Screen, screen, screen the next ones!

I had to have a police escort to the property today! However, my lawyer doesn't think I have any grounds to evict. This is insane!

If your lawyer doesn't think you ahve grounds to evict, there are facts you're leaving out.  As the way you describe it, it should be a slam dunk case.

I'd tell you what I'd do but it'd get me kicked off the site. I've delt with enough scumbags that if I feel someone is trying to rip me off, my brain flips into the same mode is if someone came into my home and tried to steal my kids piggy bank.  It aint happening. 

Those are the facts, he just seems to be dropping the ball. The tenants have just put a chain lock on the pedestrian gate (used to access both units). I had told them back in May they could do that but only on the condition it was removed during the day. Now they have it on 24/7 including when they go away and when my lawyer asked them to remove it, as this was the second time they violated the agreement, they said NO! 

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Bruce Woodruff:
Originally posted by @Account Closed:

The property is in Houston and my lawyer is not helpful at all. This could have been dealt with months ago but he is making things worse and I cannot find anyone who can be aggressive with this. 

How many people have you called? I can't believe no one can help you......

This should not be still going on....

Back in May when the tenants started being difficult I consulted a few lawyers who looked at the lease and said the tenants didn’t have a leg to stand on. So a cease and desist letter was sent to get them to stop their behavior. Then they filed the lawsuit.

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Bruce Woodruff:
Originally posted by @Account Closed:

The property is in Houston and my lawyer is not helpful at all. This could have been dealt with months ago but he is making things worse and I cannot find anyone who can be aggressive with this. 

How many people have you called? I can't believe no one can help you......

This should not be still going on....

I contacted 20 attorneys as well as two eviction service consultants.

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Jan Lee:

I am a property manager in Austin. Your lease should have the legal description of the property and the unit number especially if you used the promulgated form. I'd consult an attorney that specializes in tenant-landlord relations. On the Texas Property Code, there is a section that talks about quiet enjoyment by other tenants and neighbors. I'd be happy to look at your lease, although I cannot give you any legal advise.

 I would be interested in having you take a look at the lease!

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Scott Mac:

Hi Mel,

Contact a local eviction attorney by phone--ASAP.

Describe the physical intimidation--scaring--hopefully with some kind of record of it.

List all of the lease violations they have done.

Let the Eviction-Pro handle it.

However the cards come down--obey the law on your side 100% at all times.

Ask the Eviction-Pro for a (FEW) references of local attorenies that can work to blunt the lawsuit for you.

Get someone to work on that lawsuit ASAP.

Be aware that they may lie and may also have a free Legal Aid attorney working for them.

If they have lied in a material manner, ask your attorney to point it out to opposing council, and opposing counsel might step down--leaving them to have to out of pocket attorney fees, which changes the whole ballgame.

Consider selling this unit and in the future looking only in more upscale areas for deals--such as B areas.

Learn how to "Vet" potential renters vs. whoever can fog a mirror, because my guess is with the physical intimidation aspect this might be an on again off again convict.

There are owners in here that can handle these "Difficult" renters and make money off of them--but it's not everyone's "Cup of Tea".

Good Luck!

 Do you have any contacts or recommendations in Houston? I can’t get anyone to help me. 

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Bruce Lynn:

@Account Closed   If the property is in DFW area, I will go with you, if you need assistance.

 Thank you! Unfortunately it is in Houston.

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @John T.:

@Account ClosedLet's face it, you, your property manager or realtor screwed up. Now you need to unwind this matter.

Your mistake was probably not having a good legal description. You probably only used the address of the property, like 123 Main St. You need to clean this up. I suggest that you have Unit A and Unit B. Also, you might want to go further and describe the units with more precision, such as "123 Main St., Unit A, being the East 75 feet of Lot 1, Block 1, etc." and "123 Main St., Unit B, being the West 75 feet of Lot 1, Block 1, etc." This type of precise legal description will be helpful in the future for this property.

With respect to the present matter, I suggest that you immediately consult with an attorney who practices in the same city as the rental property.  There are all kinds of strategies that you and your attorney can follow to unwind this matter.  This will be a costly leaning experience for you.

In the meantime, don't do anything radical, unreasonable or extrajudicial.  When you go to court you must have "clean hands."  You want to be the "reasonable" party to the litigation.  Judges and juries like reasonable litigants.

The property was described as “two bedrooms and one bathroom”, with a fixed fee for utilities and specific parking spaces. If they were getting both units there would have been no need for me to pay the utilities or for specific spaces in the driveway. But yes, going forward I will use unit numbers. 

The property is in Houston and my lawyer is not helpful at all. This could have been dealt with months ago but he is making things worse and I cannot find anyone who can be aggressive with this. 

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Steve Miklashevskiy:

@Mel S. Sorry to hear about your situation. The best / easiest solution is to refer to the lease - your lease should clearly state what your tenants are renting - how many bedrooms and bathrooms, etc. hope you can get out of this situation soon

Yes, it describes the premises as two bedrooms and one bathroom, however they (and their lawyer) are claiming that it includes the other unit.

Post: Hostile Tenants - Need Advice!

Account ClosedPosted
  • Accountant
  • Florida
  • Posts 22
  • Votes 8
Originally posted by @Marian Smith:

@Mel S. Can you produce a copy of the advertisement used to rent the place out? Get thee before a judge and get them out! Just the harassment combined with the proximity should be cause enough.

Yes, I have the listing ad for the unit, which only showed THAT unit. My lawyer told me today that none of this was grounds for eviction which seems crazy to me, given everything that has happened.